The court permitted the petitioner to pay off a decree debt in seven equal monthly instalments starting from 01-01-2013, thereby staying the sale of the challenged property subject to timely compliance.
Repayment of decree debt in seven equal monthly instalments starting from 01-01-2013 with a stay on sale of property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
SATURDAY, THE 1ST DAY OF DECEMBER 2012/10TH AGRAHAYANA 1934
OP(C).No. 1532 of 2012 (O)
E.A.NO.453/2011 IN EP.NO.108/2010 of MUNSIFF'S COURT, HOSDURG
PETITIONER(S):
SUKUMARAN K.V.,, AGED 53 YEARS, S/O. KUNHAMAN, RESIDING AT KANHANGAD KADAPPURAM, KANHNAGAD VILLAGE, P.O. KANHANGAD SOUTH - PIN-671 315.
BY ADVS.SRI.T.K.VIPINDAS
SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT(S):
THE HOSDURG SERVICE CO-OPERATIVE BANK LTD. NO.1068, HOSDURG, P.O. KANHANGAD, HOSDURG TALUK, REPRESENTED BY ITS SECRETARY PIN-671 315.
BY ADV. SRI.A.DINESH RAO
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
OP(C) NO.1532/2012 O
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: THE TRUE COPY OF THE ORDER OF THE MUNSIFF'S COURT HOSDURG IN E.A.NO.453/2011 IN EP 108/2010.
EXHIBIT P2: THE TRUE COPY OF THE ORDER DATED 3.3.2012 IN EXECUTION PETITION 108/2010 OF THE MUNSIFF'S COURT HOSDURG.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
V.CHITAMBARESH,J.
= = = = = = = = = = =
O.P.(C) No. 1532 of 2012
= = = = = = = = = = = == = = = = Dated this the 1st day of December, 2012
J U D G M E N T
The only prayer urged at the time of hearing is for easy instalments to pay off the decree debt to avert the sale of the property proclaimed.
No further directions are called for and the Original Petition (Civil) is disposed of.
V.CHITAMBARESH. JUDGE
smm
2
3
1 issue framed by the court
Whether petitioner is granted a stay on sale of property by permitting repayment in instalments to settle decree debt.
SUKUMARAN K.V.
THE HOSDURG SERVICE CO-OPERATIVE BANK LTD.
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
